The complainant filed this case U/s 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.Ps. to pay compensation of Rs.50,000/-, Rs.5,000/- as litigation cost to the complainant, supply new meter and correct bill.

In short the case of the complainant is that the complainant is a bonafide consumer of the O.Ps. vide electric Service Connection No.39523/Ind., Consumer No.134048 and meter No.RSX32500. The complainant was/is running husking mill through said electric connection and used to pay bill regularly. The said electric meter was defective since one year and the complainant informed the matter with written intimation to the O.Ps. for an enquiry and the O.Ps. made enquiry but no action was taken. The O.Ps. raised high amount bill which is illegal and the complainant made written representation with protest to the O.Ps. on that matter but O.Ps. did not pay heed rather threatened the complainant that the electric connection will be disconnected if the dues bill are not paid. Finding no way the complainant appeared before this Forum with the prayer mentioned above.

The O.Ps. have appeared and contested the case by filing written version denying the allegations of the complainant stating inter alia that the complainant is an industrial consumer as such he is not entitled to get any relief from this Forum, the O.Ps. send the technical staff, who checked the meter in question and found that the meter is in OK condition, the complainant has filed this false case with an object to get wrongful gain and denying to make payment of outstanding dues of Rs.1,01,0460/- and this O.Ps. pray for dismissal of complaint.

To prove his case the complainant has filed examination-in-chief, oral evidence and some photocopies of electric bill, payment receipt, yellow card, etc.

On the other hand the O.Ps. did not adduced any evidence except filing W.V. only.

DECISIONS WITH REASONS

On careful perusal of complaint, documents and evidence that the complainant is the consumer under the O.Ps. vide Service Connection No.39523/Ind., Consumer Serial No.134048 and meter No. RSX32500 and complainant used to pay the electric bill regularly but since one year the electric meter in question was defective. The complainant intimated the O.Ps. about the defective meter and the O.Ps. also inspected the same by the technical staff who found the meter is in OK condition and the complainant did not admit that the meter in question is OK condition.

The complainant has filed one yellow card in connection with meter No.RSX32500, which reflects last meter reading date 27.04.2011 and unit consumption written as 23538 but the complainant did not submit the yellow card of the meter in question of the disputed period bill. The complainant has also submitted payment receipts and electric bills where it appears that the raised bill i.e. for the consumption period 18.02.2013 to 14.03.2013 was of Rs.7,180/- paid on 25.03.2013 as bill paid for Feb'13. Another bill raised by the O.Ps. for the consumption period 13.03.2013 to 08.04.2013 and billing date on 10.04.2013 was of Rs.28/,621/- out of which outstanding was shown Rs.22,905/- for the period Nov'12 to Jan'13 of Rs.22,900/- was paid on 27.02.2013 and Rs.100/- paid by issuing separate receipt as per permission of the officer of O.Ps. which endorsed in the bill of that period. In the billing date on 10.04.2013 it appears that the amounts of that period bill was due i.e. Rs.28621/- - Rs.22900/- = Rs.5721/- should be the actual dues as outstanding and it should be reflected in the next month bill but the bill raised for the consumption period 08.04.2013 to 09.05.2013, billing date 19.05.2013 of Rs.4706.78 and outstanding shows as Rs.28676.66 for the period Nov'12 to Jan'13, Mar'13 where it reflects that Rs.7180/- paid on 25.03.2013. The subsequent monthly bills are also reflected the outstanding as arrear bill including the outstanding amount of Rs.22905/- out of which Rs.22900/- has already paid by the complainant on 27.02.2013 vide receipt No.13210093433 and in the reverse page of the receipt Rs.5716/- shown as dues by hand writing.

On scrutiny of the payment receipts and bills filed by the complainant it reveals that O.Ps. have right to claim as actual arrear of Rs.5721/-, which was due from the bill consumption period 13.03.2013 to 08.04.2013, billing date on 10.04.2013 which also endorsed on the reverse page of the payment receipt mentioned above. But the O.Ps. have raised as arrear dues amount in the next subsequent bills inclusive the paid arrear of Rs.22905/- out of which Rs.22900/- had already paid on 27.02.2013 which is totally wrong calculation and also illegal claim by the O.Ps.

From the evidence on record it appears that the complainant himself admitted in the cross examination of his oral evidence that the complainant had stop payment of bills for two years. It is fact that the complainant had/ have enjoyed the electric energy and running the husking mill without paying the electric bills as industrial consumer. We find from the monthly electric bills raised by the O.Ps., where it reflects the unit consumption as per meter reading and the complainant did not adduce any evidence to prove that the meter in question was/ is defective.

In view of the above discussions this Forum find that the O.Ps. have deficiency in service by raising illegal and incorrect electric bills and the complainant is also deficient in service as a consumer by enjoying the electric energy without paying the bills as an industrial consumer since long two years.

So, the complainant is not entitled to get any compensation but he is entitled to get an award and also litigation cost.

Thus the complaint case is allowed in part and the complainant is entitled to get Rs.2000/- as litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case being No.33/2014 is allowed in part and the O.Ps. are directed to raise monthly bills from the consumption period 13.03.2013 to 08.04.2013 and onwards as per meter reading with actual outstanding of Rs.5716/- for the period Mar'13 as dues and onwards dues of the subsequent period of bills raised to the complainant for payment and to pay Rs.2000/- as litigation cost to the complainant within one month from the date of the order, failing which the complainant is at liberty to put this in execution in accordance with law.

Copy of this order be supplied to each parties free of cost.